Evidence of Support

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Old May 9th 2009, 3:29 pm
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Default Evidence of Support

Hi

I have been reading up on the evidence of support required for my K1 (both other threads on here and the USCIS guidance) and have a quick question...

I will be getting Chris to complete the I-134 and provide the relevent docs required about his earnings etc, but I wanted to check if there is any requirement to also provide details of funds I will be bringing over? I don't have a huge sum, but it is going to be our contingency should we need it over the period when I cannot work.

Chris' earnings are well over the required amount so I'd be inclined to think that there is no point in confusing matters by bringing evidence of savings of mine into the equation. Would it help our case or just complicate things?

Any advice much appreciated, as always.

J

PS As a side question, and without starting yet another thread...what are the general timescales expected for AOS once married on a K1?? ie how long should I expect to be unable to work?
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Old May 9th 2009, 4:15 pm
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Default Re: Evidence of Support

Originally Posted by jetbedlam
I wanted to check if there is any requirement to also provide details of funds I will be bringing over?
Unless your income/assets are being used on the I-134, the US government has no interest in any of your funds. If you are bringing in more than US$10,000 you will need to complete a declaration form... but if you don't have that much to bring, it's not an issue.


... what are the general timescales expected for AOS once married on a K1?
It'll take about a year or so until you get an interview.


... how long should I expect to be unable to work?
These are actually unrelated questions. When you file to adjust your status, you will also file for employment authorization (I-765)... and that takes about 90 days to get. Once you have EA, you can work whether or not your AOS has been adjudicated. None of this should stop you from looking for a job... it'll be tough in this economy.

Ian
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Old May 9th 2009, 4:26 pm
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Default Re: Evidence of Support

Originally Posted by ian-mstm
Unless your income/assets are being used on the I-134, the US government has no interest in any of your funds. If you are bringing in more than US$10,000 you will need to complete a declaration form... but if you don't have that much to bring, it's not an issue.
Thanks, I won't even bother bringing it into the equation then I don't have enough that I'd need to declare either.

It'll take about a year or so until you get an interview.

These are actually unrelated questions. When you file to adjust your status, you will also file for employment authorization (I-765)... and that takes about 90 days to get. Once you have EA, you can work whether or not your AOS has been adjudicated. None of this should stop you from looking for a job... it'll be tough in this economy.
Phew, I'm glad those are unrelated!! I was about to panic about not being able to work for a whole year when I read the first bit!!! 90 days to get EA is quicker than I had thought

Another question slightly unrelated to the subject of the thread (bad me)... I know you can't leave the US and reenter while on a fiance visa, but can you leave the US once married, while waiting for AOS?
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Old May 9th 2009, 4:35 pm
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Default Re: Evidence of Support

You have to wait until you get your AP (advanced parole papers) before you can leave the US to travel. You will file for them when you file your AOS. It takes about 2-3 months for those papers to arrive after filing. You will file form I131 for those papers.
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Old May 9th 2009, 4:38 pm
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Default Re: Evidence of Support

Originally Posted by jetbedlam
I know you can't leave the US and reenter while on a fiance visa, but can you leave the US once married, while waiting for AOS?
As part of the AOS paperwork, you'll also file form I-131 for permission to travel (known as Advance Parole, or AP). This also takes about 90 days to get and if you so request on the form, is good for multiple entries. As with EA, you can use it whether or not your AOS has been adjudicated.

Warning note: if you have any prior overstay issues, using AP may be detrimental to your health!

Ian
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Old May 9th 2009, 4:52 pm
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Default Re: Evidence of Support

Originally Posted by jetbedlam
Phew, I'm glad those are unrelated!! I was about to panic about not being able to work for a whole year when I read the first bit!!! 90 days to get EA is quicker than I had thought

Another question slightly unrelated to the subject of the thread (bad me)... I know you can't leave the US and reenter while on a fiance visa, but can you leave the US once married, while waiting for AOS?
Remember that that is 90 days *from application*.
After you arrive, you get married, collect your recorded marriage certificate and then apply for AOS, EAD and AP for travel.
Some people don't file for those benefits until they've already been here 90 days, so 90+90.. fill in your own math for your situation.

DO make a point of applying for your Social Security number about 2 weeks after arrival. You are only eligible to get it in your first 76 days in the US. Otherwise you wait for your EAD or Green Card.
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Old May 11th 2009, 2:58 pm
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Default Re: Evidence of Support

jb,

Don't take your finger off the panic button just yet. Getting government authorization to work and getting an employer to give you a job are two very different things. There are a couple (literally) segments of the US job market where finding work is relatively easy, in all other segments more jobs continue to be lost than created. The ranks of the long-term unemployed continue to grow.

Regards, JEff


Originally Posted by jetbedlam
Phew, I'm glad those are unrelated!! I was about to panic about not being able to work for a whole year when I read the first bit!!! 90 days to get EA is quicker than I had thought
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Old May 11th 2009, 6:35 pm
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Default Re: Evidence of Support

...and I'm guessing that financial services is one of those segments... which means I am unlikely to stick with the same type of employment I am in here.

I honestly haven't thought too in depth about that part of this whole thing, I'm very aware that I might just have to take whatever I can get, something is better than nothing.
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